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Torts Super Summary Outline

Law Outlines > Torts - Bar Exam Outlines

This is an extract of our Torts Super Summary document, which we sell as part of our Torts - Bar Exam Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

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TORTS INTENTIONAL: capacity (all), Act (in/direct), Intent (specific/subst.certain/transferred), Causation (liab for all conseq) Battery: Unreasonably harmful or offensive contact with p's person. Assault: Reasonable apprehension of immediate harmful or offensive contact with p's person. False Imprisonment: Act/omission confine/restrain p to a bounded area, no reasonable means of escape. Awareness or harm. Trespass to land: Physical invasion of another's land (on/above/below). Intentional=S/L for nominal+actual, negligent=actual, unintentional (sleepwalker)=no liability. Trespass to chattels: Interference with use or enjoyment of chattel (damage/possession). Liable for actual damages. Conversion: Substantial interference with p's use or enjoyment of chattel, higher degree than trespass, [?] liable for full value. IIED: Unreasonably extreme and outrageous conduct causing severe emotional distress, intent/reckless. Less requirement for innkeepers, old, young, pregnant, hypersensitive if p knows. Bystander: present during physical harm; close relative, D KNEW both of these Nuisance: SUUE: Substantial Unreas interference w/Use/Enjoyment, or health,safety,property of public DEFENSES: CSDRAN Consent: Capacity (knowing & voluntary), Express/Implied (custom/usage), Scope, not to crime; fraud, incapacity (age/mental), duress. Self-defense: Reasonable belief in attack = reasonable force necessary to protect from imminent body harm. Lethal only if attacked with lethal. N/A to initial aggressor. Reasonable mistake allowed. NOT AFTER TORT FINISHED!
Defense of others: Only available if TP has right to use force. No mistake allowed (minority allows reasonable mistake). Defense of property: Reas non-deadly force if reas believed nec. N/A if taking privileged. Must warn. UD may req. for land. Recapture chattel: Reas nondeadly force incl. trespass to recover wrongfully obtained prop from culpable party. No liability for damages. No mistake allowed unless Shopkeeper. Force only in hot pursuit; demand unless futile Shopkeeper's priv: Detain susp. shoplifter if reas. grounds, in reas. manner, for reas. time (<30 min). Liab for actual $. Arrest: Misd-breach of peace in [?] presence. Felony-In fact committed/PO reas believe; [?] reas believe p did it. Ddly frc if srs hrm Necessity: Trespass necessary to avoid pers/prop injury from emergency situation. Abs priv for public nec; actual $ for prv nec. Defamation: Def lang (adverse affect rep; inducement/innuendo), of or concerning p
(colloquium), published to TP (int/neg), result in damage (not slander per se). Public Concern: Falsity and fault (malice/neg). Pub Fig: pervasive fame/vol assume role in controversy

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